A potential upside of COVID-19? Dragging Alberta courts into the digital ageBack to video

But faced with a global pandemic, Alberta’s courts are modernizing at a rate that is likely unprecedented.

For lawyers — many of whom are being forced to lay off staff — the potential for a more nimble, modern court system is one of the pandemic’s few bright spots.

“The overall lesson this COVID-19 crisis has demonstrated for me is how steps and evolutions we were told for years were much too difficult and much too expensive are now trivially simple,” said Edmonton criminal lawyer Paul Moreau.

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

Much of the remaining work is being done remotely.

In what may be a first, provincial court Judge Donna Groves presided over a criminal proceeding by video from her home from March 17-23. Crown, defence and accused appeared in-person at the Edmonton law courts.

Justice ministry spokesman Jonah Mozeson said in an email that the first pilot was a “success,” and that the ministry and courts are looking at allowing other parties to appear remotely.

The Court of Queen’s Bench, meanwhile, is allowing lawyers to file documents by email (prior to the pandemic, the vast majority of filing was done in person or by fax.) At the Alberta Court of Appeal, cases are being heard by video or teleconference.

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

Moreau said a “virtual” docket court was held in Edmonton earlier this week.

“The prisoners are piped in by CCTV, the lawyers are on the telephone,” Moreau said. “I don’t know if they had a judge in the courtroom or if the judge was there by video. But it proved you can run a courtroom … with nobody physically in the room.”

Courts, probably more so than nearly any other institution, rely on tradition, said Edmonton lawyer Jay Krushell. They deal in case law, hard copies and signatures in ink.

“These are all legacy systems … that were developed before the internet, and people haven’t had the motivation to change them, because they work,” said Krushell, whose practice focuses on commercial lending. “They’re cumbersome and costly, but the downside of change is it’s a lot of work and costs money.”

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

They also stamp out fraud. Krushell said in-person meetings are the norm because lawyers have to verify their clients are who they say they are, while hard copies of documents protect against tampering.

Two years ago, Krushell and his partner, former city councillor Kim Krushell, began work ago on virtual meeting software that could meet those requirements for the legal system. The platform — called TreeFort — verifies a client’s identity with information from credit reporting agencies, banks, and telecom companies. The software is currently being piloted with the Law Society of Alberta.

Advertisement

Story continues below

This advertisement has not loaded yet, but your article continues below.

Article content continued

Interest in the technology has spiked during the COVID-19 pandemic. “This crisis has had a catastrophic effect on the legal profession,” Jay Krushell said. “All of those processes of handling paper and meeting with clients, we can’t do them now.”

Avnish Nanda hopes the pandemic-related changes stick. The Edmonton lawyer said some of the courts’ current practices don’t make sense, such as requiring lawyers to travel to far-flung courthouses for even brief matters. “If I’m in Edmonton and I have a court hearing in Calgary … I’ve got to go there, even if it’s a five-minute matter,” he said. “They won’t let me call in.”

He believes part of the problem is courts haven’t had the resources to digitize. “Successive governments have put it on the back-burner because of funding concerns,” he said.

In a statement, Mozeson said Alberta is spending $27 million on a project called “Justice Digital” to reduce court costs and make the justice system more efficient.

Share this article in your social network

Share this Story: A potential upside of COVID-19? Dragging Alberta courts into the digital age

Trending

Related Stories

This Week in Flyers

Article Comments

Comments

Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Comments may take up to an hour for moderation before appearing on the site. We ask you to keep your comments relevant and respectful. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Visit our Community Guidelines for more information and details on how to adjust your email settings.

Notice for the Postmedia Network

This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Service and Privacy Policy.